What must a home seller disclose in Georgia?

Georgia is a modified caveat emptor state with no statutory disclosure form.

1. No Mandatory Statutory Form

The legislature has not enacted a mandatory disclosure statute. Most sellers use the GAR Seller's Property Disclosure Statement (F301) — a contractual rather than statutory requirement.

2. The Wilhite v. Mays Duty

Wilhite v. Mays, 235 Ga. 313 (1975), and progeny require sellers to disclose latent material defects that:

- The seller has actual knowledge of;

- Are not discoverable by the buyer through reasonable inspection;

- Materially affect the value or desirability of the property.

3. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

4. "As-Is" Sales

An "as-is" clause does not shield fraud or active concealment (Cendant Mobility Fin. Corp. v. Asuamah, 285 Ga. 818 (2009)).

It does, however, bar passive nondisclosure claims for non-material or patent defects.

5. Latent vs Patent

Latent: not visible on reasonable inspection (foundation cracks behind walls, hidden mold).

Patent: visible defects (cracked driveway, peeling exterior paint). Sellers have no duty to call out patent defects.

6. Federal-Required Disclosures

Lead paint (pre-1978).

HOA documents and assessments under O.C.G.A. § 44-3-232.

7. Statute of Limitations

4 years for fraud (O.C.G.A. § 9-3-31).

6 years for written contract (O.C.G.A. § 9-3-24); the discovery rule applies to fraud.

This is legal information, not legal advice.